Kendrick v. Texas - Out of Time Appeal Granted
Summary
The Texas Court of Criminal Appeals granted Eric Robert Kendrick an out-of-time appeal. The court found that counsel failed to timely file a notice of appeal, thus denying Kendrick his right to an appeal. He may now file an out-of-time appeal for his conviction.
What changed
The Texas Court of Criminal Appeals has granted an out-of-time appeal for Eric Robert Kendrick, who was convicted of indecency with a child and sentenced to fifteen years imprisonment. The court's decision, issued on February 26, 2026, acknowledges that Kendrick was denied his right to an appeal because his counsel failed to file a timely notice of appeal. This ruling allows Kendrick to pursue a direct appeal of his conviction.
This decision means that Kendrick has 30 days from the date of the Court's mandate to file a written notice of appeal in the trial court. The trial court must also determine within 10 days of the mandate whether Kendrick is indigent and, if so, appoint counsel to represent him on direct appeal. This action directly impacts the legal process for the applicant and highlights the importance of timely filing by legal counsel in criminal proceedings.
What to do next
- Review trial court procedures for timely filing of notices of appeal.
- Ensure appointed counsel are aware of and adhere to strict filing deadlines for appeals.
- Monitor case outcomes for similar claims of ineffective assistance of counsel regarding appeal filing.
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Feb. 26, 2026 Get Citation Alerts Download PDF Add Note
Kendrick, Eric Robert
Court of Criminal Appeals of Texas
- Citations: None known
- Docket Number: WR-97,333-01
- Nature of Suit: 11.07 HC
Disposition: Out of Time Appeal Granted
Disposition
Out of Time Appeal Granted
Lead Opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,333-01
EX PARTE ERIC ROBERT KENDRICK, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR-22-28447-A IN
THE 336TH JUDICIAL DISTRICT COURT
FANNIN COUNTY
Per curiam.
OPINION
Applicant was convicted of indecency with a child and sentenced to fifteen
years’ imprisonment. He filed this application for a writ of habeas corpus in the
county of conviction, and the district clerk forwarded it to this Court. See TEX.
CODE CRIM. PROC. art. 11.07.
Applicant contends that he was denied his right to an appeal because counsel
failed to timely file a notice of appeal. Based on the record, the trial court has
2
found that counsel failed to timely file a notice of appeal.
Relief is granted. Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988);
Jones v. State, 98 S.W.3d 700 (Tex. Crim. App. 2003). Applicant may file an out-
of-time appeal of his conviction in cause number CR-22-28847 from the 336th
Judicial District Court of Fannin County. Within ten days from the date of this
Court’s mandate, the trial court shall determine whether Applicant is indigent. If
Applicant is indigent and wants to be represented by counsel, the trial court shall
appoint counsel to represent him on direct appeal. Should Applicant decide to
appeal, he must file a written notice of appeal in the trial court within thirty days
from the date of this Court’s mandate.
Copies of this opinion shall be sent to the Texas Department of Criminal
Justice–Correctional Institutions Division and the Board of Pardons and Paroles.
Delivered: February 26, 2026
Do not publish
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